ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Civil Revision Application No.10 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

30.08.2021

1. For orders on CMA 42/20.

2. For hearing of main case.

3. For orders on CMA No.43 /2020.

Mr. Tarique G. Hanif Mangi, advocate for the Applicant

O R D E R

ZAFAR AHMED RAJPUT, J.- The respondent herein filed a F.C. suit No.222 /1992 for declaration and permanent injunction which was decreed by the learned Court of Senior Civil Judge, Naushehro Feroze against Govt. of Pakistan and others while one Gul Hassan filed F.C Suit No.14/1993. Both suits were decided through consolidated judgment and decree dated 18.03.1988 whereby the leading suit No.222/1992 was decreed while Suit No.14/1992 was dismissed. The civil revision No.18/1998 was filed which was dismissed by the learned Additional District Judge Naushehro Feroze vide judgment and decree dated 07.09.1998. The legal heirs/DH Sabir Ali filed execution application No.09/1998 which was allowed by the Court of Ist Senior Civil Judge Naushehro Feroze vide order dated 24.03.2004 by directing the judgment debtor to handover possession of the suit property to Decree Holders within 90 days. Thereafter, civil revision No.84/1998 was filed against the Decree Holders which was also dismissed by this Court vide order dated 23.02.2010. Thereafter F.C. Suit No.57/2013 (Re-Muhammad Sharif v. Muhammad Anwar and others) was filed before the said trial Court in which the plaint was rejected vide order dated 16.02.2015 and decree dated 19.02.2015 against the said order, Civil appeal No.17/2015 was preferred by the applicant No.1 herein which was also dismissed vide judgment dated 08.04.2017 and decree dated 14.04.2017 by the District Judge, Naushehro Feroze. Against that the applicant herein preferred R.A No.57/2017 which is pending adjudication before this Court. Meanwhile DHs filed an application u/s 151 CPC for activating the execution application No.09/1998 which was allowed by the learned Ist Srnior Civil Judge Naushehro Feroze vide order dated 27.06.2018 directing the JD to satisfy the decree passed in F.C. Suit No.222/1992 within 30 days. Subsequently the learned executing Court passed order dated 07.09.2019 for issuance of writ of possession to satisfy the decree as already ordered. Against that the applicant No.1 preferred Civil Appeal No.23/2019 which was dismissed by the learned IIIrd Additional District Judge, Naushehro Feroze vide judgment dated 11.01.2020. It is against that judgment the instant civil revision application has been preferred by the applicants.

2. I have heard the learned counsel for applicant and have perused the material available on record. The only contention of learned counsel for applicant is that the impugned order passed by the learned Courts below during pendency of Civil revision No.59/2017 before this Court on the same subject matter. The said Civil revision application since has been dismissed by this Court vide order dated 30.08.2021, no further ground remains for the applicant for challenging the impugned order hence, this civil revision application is dismissed being devoid of any merit.

J U D G E

Ihsan/PS